Will Preparation

Will (law) is a legal document expressing the desires of the author with regard to the disposition of property after the author’s death.

 

Living Will is a legal document expressing the desires of the author with regard to medical decisions invoked in the event that the author is incapacitated and unable to act on her own behalf.

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Legal requirements for the creation of a will

  • Any person over the age of 18 can draft his own will without the aid of an attorney. Additional requirements may vary depending on the jurisdiction but every will must contain the following:
  • The testator must clearly identify himself as the maker of the will and that a will is being made; this is commonly called “publication” of the will and is typically satisfied by the words “last will and testament” on the face of the document.
  • The testator must declare that he revokes all previously-made wills and codicils. Otherwise a subsequently-made will revokes earlier wills and codicils only to the extent that they are inconsistent. However if a subsequent will is completely inconsistent with an earlier one that earlier will be considered completely revoked by implication.
  • The testator must demonstrate that he has the capacity to dispose of his property and does so freely and willingly.
  • The testator must sign and date the will usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries).
  • The testator’s signature must be placed at the end of the will. If this is not observed any text following the signature will be ignored or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the testator’s intentions.

After the testator has died a probate proceeding may be initiated in court to determine the validity of the will i.e. whether it satisfied the legal requirements and to appoint an executor. If the will is ruled invalid in probate then inheritance will occur under the laws of intestacy as if a will were never drafted.

Hence drafting a Will is a matter of crucial importance which only an expert attorney can do. Let us serve you. We connect you to the expert attorneys holding high reputation in Will Drafting and their service will cost you less than a dollar per day.

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